Can You Be Fired for Filing a Workers’ Compensation Claim in New Jersey?

Filing a workers’ compensation claim in New Jersey can be a nerve-wracking experience for injured workers. One of the most common fears that workers face is whether they can be fired or retaliated against for filing a claim after a workplace injury. In this blog, we will explore New Jersey’s laws regarding workers’ compensation claims, workers’ rights, and what you can do if you believe your employer has retaliated against you for seeking the benefits you deserve.

Your Rights Under New Jersey Workers’ Compensation

New Jersey workers’ compensation law ensures that employees who are injured on the job are entitled to certain benefits. These benefits typically include coverage for medical treatment, temporary disability benefits while the worker is unable to work, and permanent disability benefits if the worker is permanently affected by the injury.

Unlike personal injury claims, workers’ compensation is a no-fault system. This means that employees do not have to prove their employer was negligent to receive benefits. Even if the injury was partially the worker’s fault, they are still entitled to workers’ compensation benefits. This system aims to create a more straightforward process for compensating injured workers while protecting employers from expensive litigation.

Can Your Employer Retaliate Against You?

New Jersey law explicitly forbids employers from retaliating against workers for filing a claim. Retaliation can take many forms, such as demotion, reduced hours, pay cuts, unfavorable assignments, or even termination. Under the New Jersey Workers’ Compensation Act, workers are shielded from retaliation, allowing them to seek compensation for their injuries without fear.

However, it is important to note that while employers cannot fire workers for filing a workers’ compensation claim, they can terminate employees for other legitimate reasons. If an employer can prove that the termination was unrelated to the workers’ compensation claim, such as performance issues or misconduct, the termination might be considered lawful.

Proving Retaliation After Filing a Workers’ Compensation Claim

If you suspect that you were terminated, demoted, or retaliated against because of your workers’ compensation claim, you will need to prove it. This can be challenging but is not impossible with the right legal guidance. To prove retaliation, you must establish the following:

• You Were Engaged in Protected Activity: Filing a workers’ compensation claim is a protected right under New Jersey law.
• You Experienced Adverse Employment Action: An adverse action can include being fired, demoted, receiving a pay cut, or being reassigned to a less favorable position.
• A Causal Connection Exists Between the Claim and the Adverse Action: You must demonstrate that the adverse action was related to your workers’ compensation claim. Evidence such as the timing of the termination shortly after the claim was filed can support this.

Legal Options if You’re Fired After Filing a Workers’ Compensation Claim

If you believe your employer retaliated against you for filing a workers’ compensation claim, you may have several legal options:

• File a Retaliation Claim: New Jersey law allows employees to file a retaliation claim against their employer. If successful, you may be entitled to damages, including lost wages, reinstatement to your position, and compensation for emotional distress.
• Work With an Experienced Employment Law Attorney: Proving retaliation can be complex, and having an experienced attorney by your side can make all the difference. An attorney can gather the evidence you need to support your claim, negotiate with your employer, and represent you in court if necessary.

Can Your Employer Fire You While You’re on Workers’ Compensation Leave?

While an employer cannot fire you specifically because you filed a workers’ compensation claim, they are allowed to terminate your employment under certain circumstances, even if you are on leave. For example, if the employer can show that your position needs to be filled or that your injury prevents you from performing essential job functions, they may have the right to terminate your employment. However, this must be a legitimate business decision and not related to your workers’ compensation claim.

Returning to Work After a Workers’ Compensation Claim

In many cases, employees are eager to return to work after recovering from a workplace injury. Under New Jersey law, employers must provide reasonable accommodations if you have a disability as a result of your injury. This could include modifying your duties or providing assistive devices that allow you to perform your job.

Employers are not required to create a new position for you if no reasonable accommodations can be made. However, if you are able to return to work in a different capacity, your employer must engage in an interactive process with you to determine what accommodations are possible.

What to Do If You’ve Been Fired After Filing a Workers’ Compensation Claim in NJ

Filing a workers’ compensation claim is your legal right if you have been injured at work. Employers should not intimidate or threaten workers who are seeking the benefits they deserve. If you believe you are facing retaliation for filing a claim, there are steps you can take to protect your rights:

• Document Everything: Keep detailed records of your injury, the workers’ compensation process, and any adverse actions taken by your employer after you filed the claim. This documentation can serve as crucial evidence in a retaliation claim.
• Consult a Workers’ Compensation Attorney: If you suspect retaliation, it’s essential to consult an attorney who specializes in workers’ compensation and employment law. An attorney can review your case, guide you through the legal process, and help you seek compensation for lost wages or emotional distress.
• Know Your Rights: Understand that New Jersey law is on your side. Employers cannot fire or retaliate against you for filing a workers’ compensation claim, and if they do, they could face serious legal consequences.

Protecting Your Rights After a Workplace Injury in New Jersey

Know that New Jersey law is on your side when you file a workers’ compensation claim. Employers cannot retaliate against you for seeking the benefits you deserve. If you believe your rights have been violated, consulting an experienced attorney is crucial to protecting your future.

Contact Trusted Workers’ Compensation and Employment Law Attorneys at Rudnick, Addonizio, Pappa & Casazza PC Today

If you’ve been injured at work and are worried about retaliation or job security, the workers’ compensation attorneys at Rudnick, Addonizio, Pappa & Casazza PC are ready to help. Serving clients throughout Hazlet, East Brunswick, Red Bank, and surrounding towns across Monmouth, Middlesex, and Ocean counties, our experienced team will protect your rights and ensure you receive the compensation you deserve. Contact us today for a free consultation, and let us safeguard your future.